HomeMy WebLinkAboutAB0474 - Bakar PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: May 24, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT MICHELLE
BOGDAN IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION
RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE
FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION
RENTAL PROPERTY LOCATED AT 2812 N. AUBURN CT., #117, PALM
SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Sammy Bakar on behalf of Michelle Bogdan, has requested an appeal of the permanent
ineligibility to operate a Vacation Rental in the City of Palm Springs and administrative
fine of $5,000.00 for operating an unregistered Vacation Rental property located at 2812
N. Auburn Ct., #117, Palm Springs.
RECOMMENDATION:
1) Open the Appeal Hearing and accept public testimony.
2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF MICHELLE BOGDAN FOR THE PROPERTY LOCATED AT 2812 N.
AUBURN CT., #117, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0474 ISSUED IN THE AMOUNT OF $5,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS
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Item 4 - Page 1
Administrative Appeals Board Staff Report
May 24, 2023
Vacation Rental Appeal –2812 N. Auburn Ct. #117
STAFF ANALYSIS:
The owner for the property located at 2812 N. Auburn Ct., #117, Palm Springs did not
hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date
of violation on February 12, 2023.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 2812 N. Auburn Ct., #117, as a Vacation Rental from
elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/648468101610722476 listed as “Lovely one
bedroom condo in Palm Springs” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/648468101610722476 lists 46 reviews
ATTACHMENT 5
3. Advertisement Airbnb.com/rooms/648468101610722476 lists minimum night
stay: 2 nights ATTACHMENT 5
4. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates April 24, 2023, to April 27, 2023 (3-nights); ATTACHMENT 6
5. A response was received by the Code Compliance Officer confirming
availability for the dates April 24, 2023, to April 27, 2023 (3-nights);
ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/648468101610722476 and
inquiry affirmation for the dates April 24, 2023, to April 27, 2023 (3-nights) for stay at
property 2812 N. Auburn Ct., #117, is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0474, in the amount of $5,000, to Michelle Bogdan, the owner
on title, for operating a Vacation Rental without a Vacation Rental Registration Certificate.
The Administrative Citation was mailed by the Department of Special Program
Compliance staff to the mailing address on title.
The following Palm Springs Municipal Codes sections and Regulations are applicable to
this matter.
The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows:
"Vacation Rental" means a single-family dwelling, or any portion thereof,
utilized for occupancy for dwelling, lodging, or sleeping purposes without the
Owner being present for a period of twenty-eight (28) consecutive days or
less,…”
Palm Springs Municipal Code §5.25.040(a) reads as follows:
The operation of a Vacation Rental or a Homeshare Interest without a Vacation
Rental Registration Certificate is prohibited.
Item 4 - Page 2
Administrative Appeals Board Staff Report
May 24, 2023
Vacation Rental Appeal –2812 N. Auburn Ct. #117
Palm Springs Municipal Code §5.25.090(c) reads as follows regarding the administrative
fine:
(c) Any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City for the payment of transient
occupancy tax pursuant to the provisions of the Palm Springs Municipal
Code Chapter 3.24, including without limitation penalties and interest,
payment of an administrative fine in the amount of Five Thousand Dollars
($5,000.00), and permanent ineligibility to operate a Vacation Rental in the
City…”
Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining
“Operation” of a Vacation Rental to include the following:
1. “Advertisement” of the property means on any web-based advertising,
hosting platform, print media, bulletin, signage, radio, and television or
on any other medium for the purposes of promoting interest in, testing
the market for, or soliciting the occupancy of a property for a period of
twenty-eight (28) consecutive days or less.
2. An owner, agent or other representative of the owner has an interest in
rental, exchange, trade, gift, or grant of a guest stay at a property of less
than twenty-eight (28) consecutive days or less.
3. An owner, agent or any other representative of the owner interacts with
another party whether directly or indirectly through personal or
digital/electronic contact with the intent to provide availability of the
property for occupancy of 28 days or less, or to complete a rental and/or
reservation of the property for future occupancy of 28 days or less.”
Administrative Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2014 reads as follows:
“Vacation Rental Enforcement Officials are hereby authorized to issue, an
Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm
Springs Municipal Code without first complying with the pre-citation or courtesy notice
requirements contained in PSMC Section 1.06.030.”
Item 4 - Page 3
Administrative Appeals Board Staff Report
May 24, 2023
Vacation Rental Appeal –2812 N. Auburn Ct. #117
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
AB0474 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0474 & citation letter 4
Copy of the Airbnb.com/rooms/648468101610722476 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
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ATTACHMENT 1
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RESOLUTION NO. ____
Adopt Resolution No. ______, A RESOLUTION OF THE
ADMINISTRATIVE APPEALS BOARD OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE
ADMINISTRATIVE DECISION THAT MICHELLE BOGDAN
IS PERMANENTLY INELIGIBLE TO OPERATE A
VACATION RENTAL IN THE CITY OF PALM SPRINGS
AND THE ADMINISTRATIVE FINE OF $5,000 FOR
OPERATING AN UNREGISTERED VACATION RENTAL
PROPERTY LOCATED AT 2812 N. AUBURN CT. #117,
PALM SPRINGS, CALIFORNIA
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS Michelle Bogdan did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 2812 N. Auburn Ct. #117, pursuant to
Palm Springs Municipal Code Chapter 5.25; and
WHEREAS, any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City an administrative fine in the amount of
Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation
Rental in the City, Palm Springs Municipal Code 5.25.090 (c); and
WHEREAS, “Operation” of a Vacation Rental as used in Palm Springs Municipal
Code Section 5.25 includes “Advertisement” of the property on any web-based
advertising, hosting platform, print media, bulletin, signage, radio and television or any
other medium for the purposes of promoting interest in, testing the market for, or
soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days
or less; and
WHEREAS, Administrative Citation No. AB0474, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on February 23, 2023, to
Michelle Bogdan for the property located at 2812 N. Auburn Ct. #117; and
WHEREAS, Sammy Bakar on behalf of Michelle Bogdan, filed an administrative
appeal of the Administrative Citation No. AB0474 operating a Vacation Rental without a
Vacation Rental Registration Certificate issued in the amount of $5,000 for the property
located at 2812 N. Auburn Ct. #117, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on May 24, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Michelle Bogdan violated Section 5.25.040(a) of the Palm Springs Municipal Code by
Item 4 - Page 6
Resolution No.
Page 2
an advertisement on Airbnb.com/rooms/648468101610722476 for the property located
at 2812 N. Auburn Ct. #117; and
WHEREAS, the Administrative Appeals Board was presented evidence Michelle
Bogdan violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding
to an inquiry to book the property located at 2812 N. Auburn Ct. #117 and confirmed a
period less than twenty-eight (28) days; April 24, 2023, to April 27, 2023 (3-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on May 24, 2023;
and
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Michelle Bogdan is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 2812 N. Auburn Ct. #117
and the fine of $5,000.
The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board overturns the administrative decision that
Michelle Bogdan is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 2812 N. Auburn Ct. #117
and the fine of $5,000.
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Resolution No.
Page 3
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a
copy of this Resolution to each party and to file a disposition report with the Palm
Springs City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2023.
Michael Paonessa
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a meeting of
the Administrative Appeals Board of the City of Palm Springs
on the day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this day of .
Brenda Pree, MMC, CERA
City Clerk
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